Illinois Advances Education Laws on Immigrant Rights and AI Use

In a significant move for public education, Illinois lawmakers have enacted new legislation addressing immigrant rights and the integration of artificial intelligence (AI) in classrooms. These laws, set to take effect on January 1, 2025, aim to ensure equitable access to education for all students while navigating the complexities introduced by emerging technologies.

The spotlight on immigrant rights intensified following the second inauguration of President Donald Trump in January 2025. On the day of his inauguration, the Department of Homeland Security rescinded a policy from the Biden administration that had limited immigration enforcement at schools and other sensitive locations. In response, Tony Sanders, Illinois Superintendent of Education, issued guidance urging local school officials to establish clear policies regarding cooperation with federal immigration enforcement.

The Illinois General Assembly quickly responded to these developments. Among the new laws is House Bill 3247, signed into law on August 15, 2025. This legislation prohibits schools from excluding students based on their immigration status or that of their guardians. As stated by Lawrence Benito, executive director of the Illinois Coalition for Immigrant and Refugee Rights, the law aims to uphold the principle of education for all children in Illinois despite federal threats.

Under this law, schools cannot request or disclose information about a student’s immigration status unless mandated by state or federal law. Importantly, starting July 1, 2025, schools found in violation of these provisions may face civil lawsuits for damages.

Another measure, House Bill 460, expands access to publicly funded scholarships for students regardless of their immigration status. This builds upon existing Illinois law which already provides state-funded financial aid to students meeting residency requirements, allowing local government-administered programs to follow suit.

The growing presence of AI technologies in education has also prompted legislative action. House Bill 1859 mandates that community colleges ensure that courses are taught by qualified human instructors rather than relying solely on AI systems. The bill acknowledges AI as a valuable tool for enhancing teaching and learning but emphasizes the necessity of human oversight in education.

As AI becomes more prevalent, the Illinois State Board of Education (ISBE) is tasked with developing comprehensive guidelines for its use in K-12 settings through Senate Bill 1920. This law requires ISBE to provide districts with information on AI, its implications for data privacy, and best practices for teaching students about its responsible use. The guidance is expected to be published by July 1, 2025.

Additionally, new laws beginning January 1, 2025, will allow seventh and eighth graders to earn high school credits by enrolling in high school courses, provided they demonstrate proficiency. House Bill 3039 outlines this initiative, while House Bill 1366 mandates that parents of students with special needs be informed of their right to bring an advocate to meetings regarding their children’s Individual Education Plans (IEPs).

These legislative actions reflect a commitment to ensuring that all students, regardless of their immigration status or the challenges posed by advancing technology, have the opportunity to access quality education in Illinois.